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Tag Archives: Michael W. Mosman

Oregon Trademark Litigation Update – Leatherman Tool Group v. Armitage Hardware and Building Supply

29 Thursday May 2014

Posted by Kenan Farrell in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark

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Common Law Unfair Competition, Cybersquatting, False Designation of Origin, Litigation Update, Michael W. Mosman, Trademark Infringement, Unfair Competition

Leatherman Tool Group, an Oregon corporation, manufactures and distributes engineered multi-tools, pocket tools, and knives that are designed for outdoor, tactical, professional, and general use. Leatherman promotes and sells its products to consumers directly both online at leatherman.com, as well as in its retail store, The Leatherman Store, located in Portland, Oregon.

Leatherman is the owner of multiple federal trademark registrations for LEATHERMAN.

800px-Leatherman_Super_Tool_OpenDefendant, an Illinois corporation, owns and operates both Armitage Direct and leathermantool.com, an online retail site that sells multi-tools, pocket tools and knives that are manufactured by Leatherman.

Defendant is neither an authorized distributor nor an authorized reseller of Leatherman’s products, hence the lawsuit.

Leatherman Tool Group, Inc. v. Armitage Hardware and Building Supply, Inc.

Court Case Number: 3:14-cv-00823-MO
File Date: Monday, May 19, 2014
Plaintiff: Leatherman Tool Group, Inc.
Plaintiff Counsel: Kaley L. Fendall, John F. McGrory Jr. of Davis Wright Tremaine LLP
Defendant: Armitage Hardware and Building Supply, Inc.
Cause: Trademark Infringement, Cybersquatting, Unfair Competition, False Designation of Origin, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Michael W. Mosman

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Oregon Trademark Litigation Update – Nike v. Ho et al

29 Tuesday Apr 2014

Posted by Kenan Farrell in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark

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Breach of Contract, Breach of Fiduciary Duty, Conversion, Fraud, Litigation Update, Michael W. Mosman, Trademark Infringement

Defendants Yamaguchi and Ho are alleged to have used their position as managers at Nike to steal unique and/or custom athletic footwear in order to profit from the sale of those shoes to collectors of rare athletic shoes, known in the industry as “Sneakerheads.” These defendants allegedly lied to Nike and its manufacturers by misrepresenting that the shoes would be used for promotional and marketing purposes in order to trick them into manufacturing inventory for the illicit scheme. Defendant Keating allegedly acted as the middle-man in the unlawful enterprise by knowingly purchasing and re-selling the stolen footwear obtained by Yamaguchi and Ho.

Nike brings this action to recover the stolen shoes, recover the illicit gains obtained by Defendants from the sale of the stolen goods, to obtain an injunction preventing Defendants from continuing to participate in the illicit sale of stolen Nike goods, and to seek an award of punitive damages.

Nike Swoosh Registration

 

Nike Inc. v. Tung Wing Ho et al

Court Case Number: 3:14-cv-00696-MO
File Date: Monday, April 28, 2014
Plaintiff: Nike Inc.
Plaintiff Counsel: Paul H. Trinchero, Robert C. Weaver Jr. of Garvey Schubert Barer
Defendant: Tung Wing Ho, Denise Wei-Ching Yee, Kyle Keoki Yamaguchi, Shu-Chu Yamaguchi, Jason M. Keating
Cause: Trademark Infringement, Conversion, Fraud, Breach of Fiduciary Duty, Breach of Contract
Court: District of Oregon
Judge: Judge Michael W. Mosman

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Oregon Trade Dress Litigation Update – Marmoset v. The Music Bed

25 Tuesday Mar 2014

Posted by Kenan Farrell in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Portland, Trade Dress, Trademark

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Tags

Common Law Trademark Infringement, Common Law Unfair Competition, Copyright Infringement, Litigation Update, Michael W. Mosman, Trade Dress Infringement, Unfair Competition, Voluntary Dismissal

Plenty of thought, time and expense goes into creating a website. Therefore, it has to be pretty upsetting when a direct competitor rips off the “look and feel” of your site. Marmoset

That’s what Marmoset, a specialized boutique music agency based in Portland, Oregon, alleges of The Music Bed, a similar company in Fort Worth, Texas. Check out comparison images in the Complaint or, better yet, go visit the websites yourself.

What do you think? Are the websites too similar? Confusingly similar?

And remember, imitation is the sincerest form of flattery.

Marmoset, LLC v. The Music Bed, LLC

Court Case Number: 3:14-cv-00431-MO
File Date: Monday, March 17, 2014
Plaintiff: Marmoset, LLC
Plaintiff Counsel: Timothy S. DeJong, Jacob S. Gill of Stoll Stoll Berne Lokting & Schlachter PC, Charles F. Moore of Alleman Hall McCoy Russell & Tuttle LLP
Defendant: The Music Bed, LLC
Cause: Trade Dress Infringement, Unfair Competition, Copyright Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Michael W. Mosman

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UPDATE 7/7/2014: A Notice of Voluntary Dismissal Without Prejudice was filed in this lawsuit on 6/6/2014. To date, there have been no discernible changes to either website.

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Oregon Trademark Litigation Update – Pacific Cargo Control v. Quality Chain Corporation

02 Wednesday Oct 2013

Posted by Kenan Farrell in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark

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Common Law Trademark Infringement, Common Law Unfair Competition, False Designation of Origin, Federal Trademark Infringement, Michael W. Mosman, Unfair Competition, Unlawful Trade Practices

Pacific Cargo Control, Inc. v. Quality Chain Corporation

Court Case Number: 3:13-cv-01750-MO
File Date: Tuesday, October 01, 2013
Plaintiff: Pacific Cargo Control, Inc.
Plaintiff Counsel: Hillary A. Brooks, Delfina S. Homen of Marger Johnson & McCollom, PC
Defendant: Quality Chain Corporation
Cause: Federal Trademark Infringement, False Designation of Origin, Unfair Competition, Unlawful Trade Practices, Common Law Trademark Infringement, Common Law Unfair Competition
Court: District of Oregon
Judge: Judge Michael W. Mosman

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Oregon Copyright Litigation Update – City of Portland v. Romtec

20 Tuesday Aug 2013

Posted by Kenan Farrell in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Portland

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Common Law Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Copyright Infringement, False Designation of Origin, Federal Trademark Dilution, Litigation Update, Michael W. Mosman, Oregon Uniform Trade Practices Act, Trade Dress Infringement, Unfair Competition

Portland Loo v. Sidewalk ToiletThe first Portland Loo was installed on December 8, 2008, “to enormous media attention.” Portland has used the Loo to capitalize on its reputation as a “green” innovator and has sold the Loo to various municipalities including: Ketchikan Gateway Borough, Alaska, and Victoria and Nanaimo in British Columbia, Canada. The City is currently negotiating to sell Portland Loos to Esquimalt, British Columbia, San Diego, California, and Seattle, Washington.

In January 2013, Portland city officials were informed by an official with the City of Cincinnati, that Defendant Romtec was manufacturing and marketing for sale a restroom substantially and strikingly similar to the Portland Loo called the “Sidewalk Restroom.” Romtec first introduced its Sidewalk Restroom in late 2012.

Portland alleges that Romtec’s Sidewalk Restroom is “substantially and strikingly similar to the distinctive Portland Loo in its total overall expression, appearance, configuration, size, description, and promotion and features key elements that appear to have been copied from the Protected Work including, but not limited to: (a) the placement, size, position, and dimensions of its louvers; (b) the choice of metal wall panels; (c) use of an anti-graffiti powder coating; (d) the stripped down plumbing that facilitates its set-in-place installation; (e) placement of the sink on the exterior of the unit; and (f) dedicated space for art and advertising.”

This lawsuit was brought by Portland to prevent the sale of the Sidewalk Restroom. More background is included in the Complaint (below). Stay tuned for updates.

City of Portland Oregon v. Romtec, Inc.

Court Case Number: 3:13-cv-01453-MO
File Date: Monday, August 19, 2013
Plaintiff: City of Portland Oregon
Plaintiff Counsel: Lisa M. Gramp – Attorney at Law
Defendant: Romtec, Inc.
Cause: Copyright Infringement, Trade Dress Infringement, Unfair Competition, False Designation of Origin, Dilution, Common Law Trademark Infringement, Common Law Unfair Competition, Common Law Dilution, Oregon Uniform Trade Practices Act
Court: District of Oregon
Judge: Judge Michael W. Mosman

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Oregon Trademark Litigation Update – Seaberg Company v. Dynarex Corporation

23 Tuesday Jul 2013

Posted by Kenan Farrell in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark

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Common Law Trademark Infringement, Michael W. Mosman, Trademark Infringement, Unfair Competition

Seaberg Company, Inc. v. Dynarex Corporation et al

Court Case Number: 3:13-cv-01244-MO
File Date: Monday, July 22, 2013
Plaintiff: Seaberg Company, Inc.
Plaintiff Counsel: Donald B. Haslett, Susan D. Pitchford of Chernoff Vilhauer McClung & Stenzel LLP
Defendant: Dynarex Corporation, SOS Survival Products, Inc.
Cause: Trademark Infringement, Unfair Competition, Common Law Trademark Infringement
Court: District of Oregon
Judge: Judge Michael W. Mosman

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Oregon Copyright Litigation Update – Voltage Pictures v. Jim Choi

22 Wednesday May 2013

Posted by Kenan Farrell in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon

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BitTorrent, Copyright Infringement, Maximum Conviction, Michael W. Mosman, Voltage Pictures

Voltage Pictures, LLC v. Jim Choi

Court Case Number: 3:13-cv-00855-MO
File Date: Tuesday, May 21, 2013
Plaintiff: Voltage Pictures, LLC
Plaintiff Counsel: Carl D. Crowell, Jonathan T. van Heel of Crowell Law
Defendant: Jim Choi
Cause: Copyright Infringement
Court: Oregon District Court
Judge: Judge Michael W. Mosman

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See other Oregon Download Cases.

Oregon Trademark Litigation Update – Kassab Jewelers v. Joseph Kassab

16 Wednesday Jan 2013

Posted by Kenan Farrell in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark

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Tags

Breach of Contract, Litigation Update, Michael W. Mosman, State Trademark Dilution, Trademark Infringement, Unfair Competition

Kassab Jewelers, Inc v. Joseph Kassab et al

Court Case Number: 3:13-cv-00074-MO
File Date: Tuesday, January 15, 2013
Plaintiff: Kassab Jewelers, Inc
Plaintiff Counsel: Kevin M. Hayes, Jeffrey Stewart Love of Klarquist Sparkman, LLP; Margaret E. Schroeder of Black Helterline
Defendant: Joseph Kassab, J. Kassab Jewelers & Custom Design, Inc.
Cause: Unfair Competition, Trademark Infringement, Dilution, Breach of Contract
Court: Oregon District Court
Judge: Judge Michael W. Mosman

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